Legal Question in Family Law in California

Stipulation Order after Final Divorce

My divorce was final on 6/12/08, but now my husband's brother who has power of attorney for him because he's in an alcohol rehab wants to take me to court because he said I didn't show that I had any assets or liabilities. My divorce was an uncontested default divorce since he didn't respond in the alloted time. I didn't turn in an assets & liabilites form because we filed bankruptcy and discharged our debts and we did a short sale for our home and received no monies for it. My husband owns his car and I mine and his is a newer car were has mine is 10 yrs. old. I asked him what furniture he wanted and I left that for him and I took the rest. Things we sold I split the money in half. I do have a 401 k with my employer but he said he wouldn't take that from me. So I really don't understand what the brother wants from me?


Asked on 6/18/08, 5:10 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Stipulation Order after Final Divorce

The brother cannot file an action based on a power of attorney. He would have to be appointed a conservator first, neither an inexpensive nor simple process. Presuming, however, the brother goes to these extraordinary lengths, he would have to bring a motion to set aside the judgment. The motion would have to be based upon evidence, not hearsay. Presuming the brother is successful at setting aside the judgment, you would then have another trial. You would present your evidence the court regarding your liabilities and assets, and get a new judgment. You "divorce" will not be set aside, only the portion of the judgment dealing with division of assets; your husband may or may not be entitled to some of your assets. At this point, the brother may just be blowing smoke.

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Answered on 6/18/08, 7:43 pm


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